Government faces legal challenge over late transposition of rWFD

The European Commission has commenced infraction proceedings against the UK Government, over its failure to transpose the revised Waste Framework Directive (WFD) by its December 2010 due date.

A European Commission spokesman told MRW that an infringement proceeding was launched in January 2011 over the UK’s “failure to notify” the legislation, and that the UK replied in March.

The EC spokesman said: “The Commission is studying the reply, and the next steps will be decided after the summer”. This is thought to be in September.

Despite the launch of infraction proceedings, it is widely expected that the case will be dropped as the legislation has now been transposed.

Aaron & Partners partner and environmental waste lawyer Claire Petricca-Riding said the matter will be dismissed “for sure”. She added: “The UK government didn’t transpose the rWFD in time, but it has done now and I am sure the coalition will use the excuse of the change in Government to convince the EC not to take any further action. I can’t see this going any further as the breach has been corrected.”

A Defra spokesman said: “Regulations transposing the revised Waste Framework Directive in England and Wales were laid in Parliament in March. EU officials have been kept informed of progress.”

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